West Virginia Overtime Laws 2026
West Virginia witnesses a classic blend of state and federal rules. The state offers a higher minimum wage rate of $8.75 compared to the federal threshold, but it applies to employers with six or more employees working at one location.
Similarly, the state overtime coverage defaults to the federal Fair Labor Standards Act (FLSA) due to an 80% FLSA‑coverage carve‑out. Thus, it is important for employers to confirm jurisdiction, exemptions, and recordkeeping policies to ensure compliant payrolls in 2025.
The table below shows key updates impacting overtime and wages in West Virginia in 2026:
| Update Area | 2026 Changes & Details |
| Minimum Wage | West Virginia’s state minimum wage remains $8.75/hour. This applies to employers with six or more employees at one location. |
| Overtime Salary Exemption | A federal court blocked the planned 2026 salary threshold increase. The threshold for most exempt employees remains $684/week ($35,568/year). |
| State Legislation | A proposed bill (SB 610) would exempt overtime pay from state income tax, but it has not been enacted into law. |
| Employer Coverage | State overtime law applies to businesses with six or more employees. Those with five or fewer employees are covered under the federal FLSA if they engage in interstate commerce. |
Overview of West Virginia Overtime Laws 2026
According to West Virginia Code §21-5C-3, employers are required to pay all non-exempt employees overtime at a rate of 1.5X their regular wage rate for every hour worked beyond 40 hours in a workweek. This rule aligns with the federal FLSA and provides a consistent standard for most businesses in West Virginia.
However, as per the state statute, such rules, including minimum wage and overtime provisions, only apply to employers with six or more non-exempt employees working in one permanent location. Businesses with fewer than six employees will be subject to the federal FLSA, especially if their business involves interstate commerce.
Eligibility for Overtime in West Virginia
West Virginia determines an employee’s overtime eligibility based on whether they are classified as non-exempt or exempt.
- Non-Exempt Employees: Workers who are either paid on an hourly basis, by piece, or earn a salary that does not satisfy the salary threshold or duties test. They are eligible to receive overtime pay for all hours worked beyond the standard 40 hours per week.
- Exempt Employees: Individuals who meet both the salary and duties tests and earn a fixed salary of at least $684 per week. They must also perform duties that are primarily executive, administrative, or professional in nature.
Federal vs. West Virginia Overtime Rules
Federal regulations govern West Virginia’s overtime rules, and hence, all individuals are paid overtime basis under the federal FLSA. For instance, Lorry works 45 hours a week at $8.75/hour. According to both federal and state law, she will earn regular pay for 40 hours ($350) and overtime pay for the additional 5 hours worked at 1.5 times her rate ($13.13/hour), totaling $65.65 in overtime. This makes her weekly total $415.65.
The table below showcases the key differences between federal and state overtime rules.
| Aspect | Federal (FLSA) | West Virginia Law (2026) |
| Weekly Overtime | 1.5x after 40 hours/week | Same as federal |
| Daily Overtime | No | No |
| Salary Exemption | $684/week ($35,568/year) | Mirrors federal |
| Minimum Wage | $7.25/hour | $8.75/hour |
| Employer Coverage | Based on annual revenue and interstate commerce | Applies to employers with 6+ employees at one location |
Exemptions in West Virginia
The state of West Virginia follows the federal FLSA definitions for classifying exempt employees. However, it has also added its own state-specific exemptions to this list.
- Executive Employees: Management personnel who supervise at least two full-time employees, have hiring/firing authority or significantly influence employment decisions, and earn at least $455 per week are exempt.
- Administrative Employees: Office or non-manual workers performing duties directly related to management policies or business operations who exercise independent judgment on matters of significance and earn at least $455 per week qualify as exempt.
- Professional Employees: Individuals in learned, creative, or computer professional roles requiring advanced education and specialized expertise, earning at least $455 per week are exempt.
- Outside Salespersons: Traveling salesmen and outside-salesmen who conduct sales away from the employer’s business location are exempt from overtime requirements.
- Government and Special Workers: Federal government employees, state-employed firefighters, and individuals receiving Social Security benefits at age 62 or older are exempt.
- Seasonal and Agricultural Workers: Employees of amusement parks, commercial whitewater outfitters, and agricultural workers employed seasonally or year-round are exempt from overtime pay.
- Students and Volunteers: Students working 24 hours or less per week and volunteers involved in educational, charitable, religious, or nonprofit activities are exempt.
Employer Obligations and Employee Rights
The state of West Virginia requires employers to comply with both state and federal laws to ensure fair pay and protect employee rights.
- Timely Payment: Make fortnightly wage payments, with no more than 19 days between paydays.
- Recordkeeping: Maintain accurate records of each employee’s name, address, pay rate, hours worked, and wages paid so far.
- Meal Breaks: Provide a paid or unpaid meal break of at least 20 minutes to all employees who work six or more consecutive hours.
- Penalties: Violation of state/federal rules can result in back pay, liquidated damages, and legal fees.
Got questions?
The state of West Virginia requires businesses with six or more employees to pay non-exempt workers overtime at 1.5 times their regular wage rate for all hours worked beyond 40 in a week.
Yes. Tipped workers are eligible to receive overtime pay. Employers must calculate overtime based on the full state minimum wage of $8.75 per hour, and not their lower cash wage of $2.62. The employer’s tip credit must not be used to reduce the overtime rate.
In West Virginia, all “white-collar” employees and certain “blue-collar” workers are exempt from overtime pay. These include executives, administrators, professionals, agricultural workers, and outside salespersons.
No. The state has no such mandates for employers to provide overtime for weekends or holidays.
Workers can easily file a complaint for unpaid overtime with the West Virginia Division of Labor in-person or by mail. The division will investigate the matter and provide a quick resolution.
Yes. West Virginia’s healthcare industry has specific rules for nurses. They cannot be asked to work overtime without their consent. Additionally, agricultural workers are largely exempt from overtime pay.